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Retail & E-Commerce
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August 22, 2025
Rite Aid Execs Dodge Investor Suit Over Opioid Litigation
Several of Rite Aid's executives have escaped a securities fraud suit accusing them of making misleading statements about the pharmacy retailer's opioid-related liabilities, with a Pennsylvania federal court finding they sufficiently cautioned investors about the company's ongoing legal battles.
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August 22, 2025
Supplement Co. Says Insurer Failed To Pay $2.1M Claim
The parent company of sports nutrition and supplement website Bodybuilding.com told an Idaho federal court that a Berkley unit failed to fully pay for property damage and business income loss after a water pipe burst at the Boise-based data center hosting the website's servers.
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August 22, 2025
Startup Accelerator Backs Epic In Apple Case At 9th Circ.
Startup accelerator Y Combinator is backing Epic Games as Apple asks the Ninth Circuit to nix an order blocking it from charging commissions on app purchases made outside its payment system, telling the appeals court Apple "blatantly violated" a previous order.
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August 22, 2025
Golden Corral Restaurant Workers See Wage Suit Trimmed
A Virginia federal judge handed down a mixed ruling in a suit accusing several Golden Corral franchises and their owner of cheating restaurant employees out of wages, narrowing their claims under federal law and denying their class certification bids.
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August 22, 2025
Amazon Doesn't Let Viewers Keep Movies They 'Buy,' Suit Says
Amazon has been hit with a proposed class action in Washington federal court claiming the company deceptively "sells" movies on Amazon Prime Video without disclosing to consumers that its limited digital license to any audiovisual work might be inaccessible down the line.
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August 22, 2025
NYC Mall Lenders, Developer Ax Foreign Investor Suit
A New York federal judge dismissed foreign investors' suit over the loss of their investment in a New York City mall project, finding they failed to prove their investments were lost because parties allowed their funds to be subordinated to later financing provided by a Goldman Sachs affiliate.
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August 22, 2025
2nd Circ. Won't Block Conn.'s Sandy Hook Gun Restrictions
The Second Circuit on Friday refused to temporarily block Connecticut's restrictions on AR-15-style weapons and high-capacity magazines, saying the National Association for Gun Rights and individual permit holders were unlikely to mount successful Second Amendment challenges to laws passed shortly after the Sandy Hook Elementary School massacre.
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August 22, 2025
NC Justices Affirm Dismissal Of Philip Morris Tax Challenge
A North Carolina administrative court does not have the power to find a state tax law unconstitutional as applied, the state's highest court ruled Friday, upholding a loss for Philip Morris in a $300,000 franchise tax case.
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August 22, 2025
J&J Settles BIPA Suit Over Neutrogena Skin360 App
A former Johnson & Johnson subsidiary has settled a potential class action claiming it unlawfully stored and collected facial scans of people who used its Neutrogena Skin360 tool in violation of Illinois' biometric privacy statute, prompting a New Jersey federal judge to order the case be terminated in 60 days.
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August 22, 2025
Panda Express Meal Caused Arterial Damage, Patron Says
A Virginia man is suing Panda Express, which calls itself "America's favorite Chinese restaurant," claiming that the chicken with noodles and mushrooms he ate caused him intestinal problems that required surgery and left him with lifelong injuries, according to a suit removed to North Carolina federal court.
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August 22, 2025
FTC Can't Pause Order Blocking Media Matters Probe
A D.C. federal court refused on Friday to pause an order blocking the Federal Trade Commission's investigation into left-leaning watchdog Media Matters for America, saying the group is likely to show the probe over potential collusion in the ad industry was retaliatory.
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August 22, 2025
Shopify, Sales Workers End Commission, OT Suit
A California federal judge agreed to conclude a suit accusing e-commerce company Shopify of a slew of California Labor Code violations, including misclassifying sales employees as overtime-exempt and having an illegal commissions plan.
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August 22, 2025
'Gorilla Mind' Energy Drink Can't Block Rival Amid TM Suit
A company that sells energy drinks and dietary supplements called "Gorilla Mind" lost its bid to block a rival from selling energy drink products with the word "Gorilla" while its trademark infringement suit plays out in California federal court.
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August 22, 2025
Taxation With Representation: Kirkland, Weil, Fried Frank
In this week's Taxation With Representation, private equity firm Thoma Bravo buys human resources software provider Dayforce Inc. in a take-private deal, Lowe's buys Foundation Building Materials, Nexstar Media Group Inc. acquires fellow media company Tegna Inc., and Soho House & Co. Inc. inks a take-private deal with hotel operator MCR.
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August 21, 2025
Amazon Bags Toss Of Grocery Delivery Fee Disclosure Suit
A Washington federal judge on Wednesday threw out a proposed class action that alleged the Amazon Fresh website waited too late in the checkout process to disclose delivery fees, saying the conditions of use on Amazon.com Inc.'s websites prevented a woman from lodging claims under California law.
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August 21, 2025
Google Got App Data Profits After Pledging Privacy, Jury Told
A computer scientist testifying in a multibillion-dollar privacy lawsuit alleging Google LLC illegally collected data from 98 million cellphone users who had opted out of tracking told a California federal jury Thursday that the tech giant stores information about their app use in a "shadow account" and uses it to sell ads.
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August 21, 2025
CBD Exec Accused Of Hiding Revenue To Skirt $1M Judgment
A Colorado man claimed this week in state court that the owner of a CBD company who owes him more than $1 million from a judgment in a 2022 case is concealing his assets through businesses owned by his mother and girlfriend to avoid paying creditors.
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August 21, 2025
Home Depot's $5.5B GMS Deal Gets DOJ Clearance
The U.S. Department of Justice has prematurely ended a waiting period that prevented Home Depot's $5.5 billion acquisition of building products distributor GMS Inc. from closing, a day before the home improvement retailer's Friday cash tender offer expiration date, Home Depot announced on Thursday.
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August 21, 2025
Amazon Must Yield To DOL Expense Subpoena, 9th Circ. Says
Amazon has to comply with the U.S. Department of Labor's demands for data on travel reimbursements paid to supervisors sent to New York to dissuade warehouse workers from unionizing, a Ninth Circuit panel said on Thursday, concluding the information is germane to an agency probe of potential reporting violations.
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August 21, 2025
Thousands Of Buyers Accuse Temu Of Avoiding Arbitration
Thousands of consumers suing online marketplace Temu on claims of false advertising and deceptive trade have urged a New York federal court to send their cases directly to arbitration, saying the company has used aggressive stalling tactics to avoid legitimate arbitral proceedings.
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August 21, 2025
NC Senator Says Whirlpool Rigged TED Talk For Ad Campaign
Sen. DeAndrea Salvador, a Norh Carolina Democrat, accused appliance manufacturer Whirlpool Corp. of using manipulated portions of her old TED Talk on energy affordability to burnish its international ad campaign, according to a lawsuit filed Wednesday in North Carolina federal court.
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August 21, 2025
Tire Cos. Resist Bid To Add EU Probe Info to Price-Hike Suit
Tire manufacturers including Bridgestone, Goodyear and Michelin are urging an Ohio federal court not to let buyers update their antitrust case accusing the companies of fixing prices to include additional allegations stemming from a European Commission investigation.
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August 21, 2025
OnlyFans Flags Bogus Citations In RICO Fraud Suit
Attorneys for a proposed class of OnlyFans subscribers alleging racketeering by the company notified a California federal judge Thursday that they would be seeking permission to fix earlier filings found to have errors created by artificial intelligence, days after the web platform's parent company notified the court of the citation errors.
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August 21, 2025
Claire's Gets Interim Approval For $22.5M DIP Facility
A Delaware bankruptcy judge on Thursday gave interim approval to bankrupt jewelry chain Claire's to receive a $22.5 million debtor-in-possession facility from a private holding company that plans to buy the majority of the company's U.S. stores through an asset purchaser agreement.
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August 21, 2025
Epic Says Google Can't Dodge App Store Trade Libel Claims
Video game and software developer Epic Games Inc. has told a California federal court that Google LLC can't eschew remaining state law claims in a trade libel suit because the alleged harms are new, not resurrected from claims in a separate case.
Expert Analysis
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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Lessons Learned 3 Years After First CCPA Enforcement Action
Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.
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A Look At Robinson-Patman Enforcement In The MLM Industry
The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.
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How Proposed FAA Rule May Streamline Drone Operations
The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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What Patent Claim 'Invalidity' Means In Different Forums
A recent Federal Circuit order allowing a patent suit to proceed despite similar claims being invalidated in an inter partes review underscores how fractured the patent litigation landscape has become, leading to critical nuances in how district courts, the U.S. International Trade Commission and Patent Trial and Appeal Board treat invalidity, says Jason Hoffman at BakerHostetler.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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9th Circ. Leaves Scope Of CIPA Applicability Unclear
Three recent Ninth Circuit decisions declined to directly address whether all of the California Invasion of Privacy Act's provisions actually apply to internet activity, and given this uncertainty, companies should heed five recommendations when seeking to minimize CIPA litigation risk, say attorneys at Skadden.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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USPTO's AI Tool Redefines Design Patent Landscape
The U.S. Patent and Trademark Office's newly introduced DesignVision tool for artificial intelligence-powered image searching represents a dramatic shift in how design patent applications are examined, necessitating new strategies for patent practitioners, says Matthew Epstein at Dinsmore.
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Legal Jeopardy Looms Over Trump's Trade Negotiation Plans
Even as the Trump administration announces one trade deal after another, the legal authority of the executive branch to impose tariffs under consensual arrangements with leading trading partners is just as debatable as the unilateral imposition of U.S. tariffs under the president's executive orders, says Jeffrey Bialos at Eversheds Sutherland.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.